Cruz-Guadalupe v. Commissioner of Social Security, No. 3:2008cv01475 - Document 9 (D.P.R. 2009)

Court Description: OPINION AND ORDER AFFIRMING the Commissioner of Social Security's determination. Judgment to be entered accordingly. Signed by Chief Judge Jose A Fuste on 9/1/09.(mrj)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO EDWIN CRUZ-GUADALUPE, Claimant, Civil No. 08-1475 (JAF) v. COMMISSIONER OF SOCIAL SECURITY, Respondent. OPINION AND ORDER 10 11 Claimant, Edwin Cruz-Guadalupe, petitions this court under 42 12 U.S.C. § 405(g) to review the decision of Respondent, Commissioner of 13 Social Security ( Commissioner ), denying disability benefits to 14 Claimant. (Docket No. 1.) Commissioner opposes the petition. (Docket 15 No. 7), and Claimant replies (Docket No. 8). 16 I. 17 Factual and Procedural History 18 We derive the following facts from the parties filings (Docket 19 Nos. 1, 7, 8) and the record in this case ( R. ) (Docket No. 4). 20 On July 2, 2003, Claimant applied for disability insurance 21 benefits, alleging disability 22 Claimant stated 23 omphalocele, 24 Claimant asserted that his illness caused pain, dizzy spells, 25 nausea, headache, tiredness, and weakness, which restricted his 26 ability to work. (R. at 66.) in back his as of June application condition, right 2001. that thigh (R. he pain. at 65-74.) suffered (R. at from 66.) Civil No. 08-1475 (JAF) -2- 1 Commissioner denied Claimant s application on November 7, 2003 2 (R. at 38-40), and again upon reconsideration on March 24, 2004 (R. 3 at 45-46). After conducting a hearing on April 5, 2006 (R. at 27-30), 4 an administrative law judge ( ALJ ) issued a decision on May 25, 5 2006, finding that Claimant was not disabled at any time on or before 6 December 31, 2003 (R. at 14). On September 22, 2006, the Appeals 7 Council affirmed the ALJ s findings, but remanded for consideration 8 of Claimant s condition from January 1, 2004, to September 30, 2004, 9 the date he was last insured. (R. at 14.) Claimant submitted no 10 additional evidence (R. at 249), and the ALJ conducted a hearing on 11 November 3, 2006 (R. at 254-55). 12 On January 22, 2007, the ALJ issued a second decision finding 13 that Claimant was not disabled between the remaining period, from 14 January 1, 2004, until September 30, 2004 ( second decision ). (R. at 15 14-18.) Applying the five-step inquiry under 20 C.F.R. § 404.1520(a), 16 the ALJ found that, under 20 C.F.R. § 404.1520(c), the objective 17 medical evidence fail[ed] to establish the existence of a medically 18 determinable impairment that could reasonably be expected to produce 19 the claimant s symptoms. (R. at 15-18.) After the Appeals Council 20 denied Claimant s request for review on February 26, 2008 (R. at 4- 21 6.), the second decision became Commissioner s final determination in 22 Claimant s case. See 20 C.F.R. § 404.981. 23 On April 23, 2008, Claimant filed the instant petition seeking 24 review of the ALJ s second decision. (Docket No. 1.) Commissioner Civil No. 08-1475 (JAF) -3- 1 filed a memorandum of law in opposition to Claimant s petition on 2 November 21, 2008. (Docket No. 7.) Claimant filed a memorandum of law 3 in support of his claim on January 6, 2009. (Docket No. 8.) 4 II. 5 Analysis 6 Claimant contends there was not substantial evidence for the ALJ 7 to conclude that he was not disabled. (Docket No. 1.) An individual 8 is disabled under the Social Security Act ( the Act ) if he is unable 9 to do his prior work or, considering his age, education, and work 10 experience, engage in any other kind of substantial gainful work 11 which exists in the national economy. 42 U.S.C. § 423(d). 12 The Act provides that [t]he findings of the Commissioner . . . 13 as to any fact, if supported by substantial evidence, shall be 14 conclusive. 15 reasonable mind, reviewing the evidence in the record as a whole, 16 could accept it as adequate to support [the] conclusion. Irlanda- 17 Ortíz v. Sec y of Health & Human Servs., 955 F.2d 765, 769 (1st Cir. 18 1991) (internal quotation marks omitted) (quoting Rodríguez v. Sec y 19 of Health & Human Servs., 647 F.2d 218, 222 (1st Cir. 1981)). 42 U.S.C. § 405(g). Substantial evidence exists if a 20 We must uphold Commissioner s decision if we determine that 21 substantial evidence supports the ALJ s findings, even if we would 22 have reached a different conclusion had we reviewed the evidence de 23 novo. Lizotte v. Sec y of Health & Human Servs., 654 F.2d 127, 128 24 (1st Cir. 1981). In reviewing a denial of benefits, the ALJ must Civil No. 08-1475 (JAF) -4- 1 consider all evidence in the record. 20 C.F.R. § 404.1520(a)(3). 2 Credibility and [c]onflicts in the evidence are . . . for the [ALJ] 3 - rather than the courts - to resolve. Evangelista v. Sec y of 4 Health & Human Servs., 826 F.2d 136, 141 (1st Cir. 1987). We reverse 5 the ALJ only if we find that he ignor[ed] evidence, misappl[ied] the 6 law, or judg[ed] matters entrusted to experts. Nguyen v. Chater, 172 7 F.3d 31, 35 (1st Cir. 1999). 8 Claimant challenges the ALJ s second decision, arguing that 9 (1) the ALJ failed to consider all relevant evidence in assessing 10 Claimant s residual functional 11 improperly compared Claimant s RFC with the physical and mental 12 requirements of his past work; and (3) the ALJ improperly considered 13 Claimant s 14 (Docket No. 8.) We address each contention in turn. subjective capacity complaints in ( RFC ); assessing his (2) the ALJ credibility. 15 Firstly, Claimant misconstrues the ALJ s reasoning in support of 16 his second decision. Pursuant to 20 C.F.R. § 404.1520(a), the ALJ 17 must engage in a five-step test for disability. Under this approach, 18 the ALJ may terminate the inquiry at any stage if he finds that the 19 medical 20 § 404.1520(a)(4). At the second step, the ALJ must be satisfied that 21 a claimant has a severe medically determinable physical or mental 22 impairment . . . or a combination of impairments that is severe. 23 § 404.1520(a)(ii). A severe impairment is one that significantly evidence does not meet the appropriate standard. Civil No. 08-1475 (JAF) -5- 1 limits [the claimant s] physical or mental ability to do basic work 2 activities. 3 In § 404.1520(c). finding that the objective medical evidence fails to 4 establish the existence of a medically determinable impairment that 5 could reasonably be expected to produce the claimant s symptoms (R. 6 at 17), the ALJ determined that the evidence failed to satisfy step 7 two of the inquiry. Accordingly, the ALJ had no occasion to consider 8 Claimant s RFC under step three of the inquiry. See 20 C.F.R. 9 § 404.1520(a)(iii), (e). 10 Secondly, the ALJ did not compare Claimant s RFC to his past 11 relevant work under § 404.1520(a)(iv), step four of the inquiry. (R. 12 at 16-18.) 13 second step. As explained above, the ALJ terminated his inquiry at the 14 Thirdly, contrary to Claimant s argument (Docket No. 8), the ALJ 15 may weigh the credibility of a claimant s allegations of impairments 16 by noting all inconsistencies in the record between the claimant s 17 assertions and the medical findings. Evangelista, 826 F.2d at 141; 18 S.S.R. 96-7p (Cum. Ed. 1996). The ALJ noted that the lack of 19 objective medical findings are [sic] not consistent with the level of 20 severity alleged by the claimant. (R. at 17.) Therefore, the ALJ 21 properly considered Claimant s allegations of disabling pain and 22 other symptoms to determine that the record as a whole does not 23 show any disabling disorder, during the crucial period at issue and 24 no exertional limitations can be established (R. at 17). Civil No. 08-1475 (JAF) -6- 1 Lastly, we address, without assistance by either party, the 2 overall sufficiency of evidence to sustain the second decision.1 In 3 reference to the period from January 1, 2004, until September 30, 4 2004, the ALJ concluded, [A]ny symptoms of the claimant were not of 5 a duration, frequency, or intensity as to be disabling, nor would 6 they have precluded the performance of basic work-related tasks. 7 (R. at 17.) In support, the ALJ cited the dearth of medical evidence 8 in the record to support Claimant s allegations of disability for the 9 relevant 10 period, as well as Claimant s express waiver of his opportunity to present additional evidence. (R. at 17-18.) 11 Other than the transcript of the second hearing (R. at 252-55), 12 the record contains scant evidence relating to Claimant s condition 13 during the relevant period. Indeed, the only relevant evidence we can 14 discern 15 consultative examination that predated the period at issue. (R. at 16 219.) The report found that Claimant s condition [did] not meet or 17 equal any listing. (R. at 219.) The only remaining item in the 18 record postdating this report is a list of medications prescribed in 19 2005 and 2006 to treat Claimant s inflammation and pain. (R. at 229.) 20 This evidence is irrelevant, as it falls outside the relevant period. 1 is a report dated March 23, 2004, which referenced a While Claimant has evidently misapprehended the ALJ s reasoning, counsel for Commissioner also wholly missed the mark in his defense of the ALJ s determination. (See Docket No. 7.) Civil No. 08-1475 (JAF) -7- 1 In sum, there is substantial evidence in the record to support 2 the ALJ s second decision, which found that Claimant did not suffer 3 from a severe, medically determinable impairment for the period from 4 January 1, 2004, through September 30, 2004. We, therefore, hold that 5 the ALJ s disability determination was based on substantial evidence 6 and, hence, is conclusive. See 42 U.S.C. § 405(g). 7 III. 8 Conclusion 9 10 Accordingly, we hereby AFFIRM Commissioner s determination and DENY Claimant s petition (Docket No. 1). 11 IT IS SO ORDERED. 12 San Juan, Puerto Rico, this 1st day of September, 2009. 13 14 15 s/José Antonio Fusté JOSE ANTONIO FUSTE Chief U.S. District Judge

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